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I am currently on sick leave. How many times can I extend them so that there are no consequences on the part of the employer?
Only the employer can answer this question. He may terminate an employment contract with an employee on sick leave only in exceptional cases - Art. 41 of the Labor Code. Such a possibility exists in the event of a long-term absence of an employee from work - Art. 53 of the Labor Code or when the employer terminates the contract without notice due to the employee's fault - art. 52 of the Labor Code. Pursuant to Article 53 of the Labor Code, the employer may terminate the employment contract without notice if the employee's inability to work due to illness lasts: a) longer than 3 months - when the employee has been employed by the employer for less than 6 months, b) longer than the total period of receiving this title of remuneration and allowance.
Dismissal of a sick employee without notice under Art. 53 of the Labor Code or the termination of the contract may take place at the earliest on the first day after the expiry of the protection periods. However, for the purposes of applying Art. 53 of the Labor Code the employee must still be unable to work due to illness on that day. Practical problems may, however, arise in a situation where the employee intends to apply for a rehabilitation benefit after the end of the benefit period. Although it does not result from the provision, it is assumed that the employer should then wait with the dismissal decision until the right to benefit has been determined by ZUS. An employment contract may not be terminated without notice if the employee is absent from work due to caring for a child during the period of receiving the allowance, and in the case of the employee's isolation due to a contagious disease - during the period of receiving remuneration and allowance on this account.
Legal basis: The Labor Code Act (Journal of Laws of 1998, No. 21, item 94, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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